Four women have fired the opening salvo in what could become one of Australia’s largest workplace sexual misconduct cases. The class action targets the Commonwealth over alleged systemic failures to protect female personnel from sexual violence within the Australian Defence Force.
The lawsuit, filed by law firm JGA Saddler and backed by global litigation funder Omni Bridgeway, remains open to any woman who experienced sexual violence, harassment or discrimination while serving in the ADF between November 2003 and May 2025.
The legal action marks an unprecedented challenge to Defence Force culture.
Not Just History: Recent Incidents Drive Legal Push
Lawyer Josh Aylward stressed these allegations are not historical cases, with some incidents occurring within the past 12 months.
“The threat of war often isn’t the biggest safety fear for female ADF personnel,” Aylward said. “It is the threat of sexual violence in their workplace“.
The four lead applicants’ names remain withheld for legal reasons.
Shocking Allegations From Air Force Training
The first applicant, an Air Force member, was the only woman among eight to 12 men on her training course and one of just two women in a building housing approximately 200 people.
Her allegations paint a disturbing picture of workplace culture:
- A sergeant allegedly told her “women shouldn’t be paid as much as men because they are not as strong“
- She heard statements that “women aren’t pulling their weight in the air force“
- Multiple sexist and hostile comments peppered her training experience
- Male colleagues showed her unsolicited pornographic images
The case follows a pattern seen in other male-dominated Australian industries. JGA Saddler previously filed sexual harassment class actions against mining giants BHP and Rio Tinto in December 2024.
Australian Defence Force
Defence Response: Promises of Reform
A Defence spokesperson acknowledged work remains to be done, stating that Royal Commission recommendations on sexual violence are being implemented as a priority.
“All Defence personnel have a right to be respected and deserve to have a positive workplace experience in the ADF,” the spokesperson said.
“There is no place for sexual violence or misconduct in Defence“.
Defence Minister Richard Marles has been contacted for comment but had not responded at the time of publication.
Systemic Failures Across Two Decades
“The ADF has done very little to protect those who protect us,” Aylward said.
His firm argues the case demands action, accountability and genuine cultural change as sexual violence continues affecting female Defence Force members.
“They have signed up to defend their country, not to fight off fellow ADF personnel on a daily basis, all while simply trying to do their job,” Aylward noted.
The 22-year eligibility window suggests deep-rooted institutional problems rather than isolated incidents.
Pattern of Protectionism
Since 2011, multiple inquiries have identified serious recurring failures in how the ADF handles sexual misconduct, yet the core structure remains unchanged.
Survivors consistently report feeling silenced, retraumatised or disbelieved, with perpetrators protected within the service.
The 2012 DLA Piper Review identified 847 people who experienced sexual abuse, bullying, harassment or intimidation in the ADF between 1951 and 2011.
Comparison to Global Settlements
The potential scope of this case echoes major institutional abuse settlements worldwide:
- Los Angeles County: $4 billion settlement approved in April 2025 for 6,800 plaintiffs abused in juvenile detention and foster care
- Boy Scouts of America: $2.46 billion victims compensation trust for more than 82,000 claims
- Catholic Church abuse: Multiple billion-dollar settlements globally
In February 2020, Omni Bridgeway announced a $212.5 million conditional settlement in three Federal Court class actions against the Commonwealth Department of Defence over PFAS contamination.
Support Services for Affected Personnel
Current and former ADF members experiencing distress can access:
- Open Arms Veterans & Families Counselling: 1800 011 046 (24/7)
- Sexual Misconduct Prevention and Response Office (SeMPRO): 1800 736 776
- Defence Member and Family Helpline: 1800 624 608
Open Arms provides free, confidential counselling, case management and group programmes to approximately 40,000 current and former ADF members and their families annually.
What Happens Next
The class action eligibility extends to any woman subjected to sexual violence, harassment or discrimination while working in the ADF between November 2003 and May 2025.
The open class structure means potentially thousands of women could join the lawsuit.
Australia’s class action regime has a very low threshold for commencement, requiring seven or more persons with claims against the same defendant arising from similar circumstances.
Unlike US class actions, there is no certification process in Australia.
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Broader Implications
This case arrives amid heightened scrutiny of workplace culture in traditionally male-dominated sectors.
In December 2024, JGA Saddler filed separate class actions against BHP and Rio Tinto alleging sexual harassment and discrimination at Australian mining operations dating back to 2003.
The firm’s successful track record includes achieving $87,000 median awards for approximately 300 group members in a landmark ADF contract case in 2019.
With global litigation funder Omni Bridgeway backing this action, the Commonwealth faces a well-resourced legal challenge that could reshape military workplace standards.
The case represents a critical test of whether Australia’s military institutions can meaningfully address sexual misconduct allegations that have persisted for decades despite numerous reviews and policy reforms.
